Howell v. Wilson
Supreme Court of Georgia
Equitable petition. Before Judge Bell. Fulton superior court. September 14, 1910. Henry L. Wilson, Jack J. Spalding, W. T. Ashford, and Mrs. Susan W. Allgood brought suit against Mrs. Lizzie Ida Howell, Mrs. Eleanor Howell Gunby, Clark Howell Sr., trustee, Edgar Roberts, and Louise Roberts.
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Equitable petition. Before Judge Bell. Fulton superior court. September 14, 1910. Henry L. Wilson, Jack J. Spalding, W. T. Ashford, and Mrs. Susan W. Allgood brought suit against Mrs. Lizzie Ida Howell, Mrs. Eleanor Howell Gunby, Clark Howell Sr., trustee, Edgar Roberts, and Louise Roberts. The substance of the petition, so far as is now material, was as follows: In 1866 N. E. Gardner executed and delivered to O. W. Dill, as trustee, the following conveyance: “This indenture, made and entered into this the 4th day of July in the year of our Lord one thousand, eight hundred and sixty-six,…
1Opinion of the CourtAtkinson, J.
In behalf of Wilson and others (plaintiffs in the trial court, defendants in error here), counsel contend that the facts alleged in the petition authorized the plaintiffs to maintain an action: (a) for removal of a cloud from title; (6) for injunction against interference with the enjoyment of their respective properties; (c) to perfect and complete the means by which the right, estate, and interest of the plaintiffs to their real property may be approved and secured, and to remove all obstacles to its enjoyment. We fail to see that the facts alleged would authorize a court of equity to…
2Cases cited16 opinions
- Devine v. Los AngelesSupreme Court of the United States · 1906
- May v. MaySupreme Court of the United States · 1897
- Cross v. De ValleSupreme Court of the United States · 1863
- Weyman v. City of AtlantaSupreme Court of Georgia · 1905
- McLemore McGowan v. LomaxCourt of Appeals of Texas · 1905
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3Cited by6 opinions
- Harris v. McDonaldSupreme Court of Georgia · 1921
- Nottingham v. ElliottSupreme Court of Georgia · 1953
- Domin v. BrushSupreme Court of Georgia · 1931
- Collier v. GarnerSupreme Court of Georgia · 1933
- Fowler v. FowlerSupreme Court of Georgia · 1924
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